Condcnsclt! 11. Page 123 Page A. Johnnycake Road. 2 Q. And how close to the -- where Rolling Road. 3 crosses Johnnycake is it?

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1 Condcnsclt! 11 Page 123 Page MS. GUTIERREZ: See, I object - 1 A. Johnnycake Road. 2 THE COURT: Overruled. 2 Q. And how close to the -- where Rolling Road 3 MS. GUTIERREZ: (Inaudible) objection. 3 crosses Johnnycake is it? 4 BY MR URICK: 4 A. 1 believe less than a mile. 5 Q (Inaudible) Boulevard, 695, 170, Security 5 MR URICK Okay Nothing further 6 Boulevard (inaudible.) Are you oriented as to the map 6 THE COURT Any redirect - any recross, 7 now? 7 rather? 8 A. Somewhat. 8 MS GUTIERREZ: Nothing, Your Honor 9 THE COURT: Keep your voice up please. 9 THE COURT Thank you. Good day, sir 10 THE WITNESS: Somewhat. 10 (Witness excused.) LI BY MR. URICK: II THE COURT Next? 12 Q. Do you know where the Mosque is located 12 (Pause ) 13 roughly, you don't have to have it in the exact block? 13 MR. MURPHY Your Honor, at this time the State 14. But, roughly do you know where it is on this map? 14 would call to testify Ms. Christina Vinson 15 A. Umm - not on this map. 15 THE CLERK Raise your right hand, please? 16 Q. What s its address? 16 Whereupon, 17 A. I think CHRISTINA VINSON. 18 Q. What s the address of the Mosque? 18 a witness produced on call of the State, having first 19 A I don t know. 19 been duly swom, was examined and testified as follows: 20 Q. What street is it on? 20 THE CLERK: Okay, ma'am. You may have a seat. 21 A. Johnnycake Road Q. Near what cross streets? 21 Please state your name and address for the record, and please spell your last name? 23 A. Rolling Road. 23 THE WITNESS: Okay. Christina Vinson, V-l-N-S- 24 MS GUTIERREZ: Again, I would object to the 24 O-N My address is 25 State's Attorney pointing out specific locations on the 25 Baltimore. map to the witness? l 2 BY MR. URICK: Q. This road right here is Rolling Road - THE COURT: Overruled. 4 5 BY MR. URICK: 5 6 Q. -- this road right here is JohnnyCake Road. 7 Has that oriented you better? 8 A This is (inaudible.) 9 Q. Well, this is MS. GUTIERREZ Objection THE COURT: Sustained. Sustained. Sustained You cannot win it any more, Ms. Gutierrez. You 12 Page 124 Page 1 1 THE CLERK: Thank you very much. THE WITNESS: Thanks. 3 DIRECT EXAMINATION BY MS. MURPHY Q. Good afternoon, Ms. Vinson. 6 A. Hi. 7 Q. How old are you? 8 A.. 9 Q. And do you attend school? A. University of Maryland in Baltimore. Q. What are you studying there? A. Social work. 13 have won. 13 Q And how much longer do you have before you 14 BY MR URICK: 14 finish? 15 Q. How close is the Mosque to the intersection of 16 Rolling Road? How close is it on Johnnycake to Rolling 17 Road? 18 A. (Inaudible.) 19 Q How close is it to Rolling Road THE COURT: Why don t you put the witness back 21 on the stand so he can be near a microphone? Let s take the map and easel back where it was. 23 (Pause.) 24 BY MR. URICK. 25 Q The Mosque is on what street again? 15 A. I ve got one more exam, and then I m done. 16 Q. Do you also work? 17 A. I work at a residential group home for 18 adolescent boys in Ellicott City. 19 Q Where were you living in January of 1999? 20 A At the address I just gave in Baltimore. 21 Q. And what s that address? A. Q Did you live with anybody else at that time? A. No. Just myself. Q. Who is Jeff Johnson? Page Page 126

2 CondcnscI t! Page 127 Page 129 l A. He used to be my boyfriend. 1 Q. What did that person look like? 2 Q. Was he your boyfriend in January, 1999? 2 A. A young person. I'm not exactly sure whai you 3 A. Uh-huh. 3-4 Q. Do you also know Jennifer Pusateri? 4 Q. Male? Female? 5 A. Yep. 5 A. Male. Dark hair Dark clothes 6 Q. How do you know her? 6 Q. Is that person present here today'* 7 A. She and I are in the same sorority together. 7 A. Uh-huh. 8 Q. How long have you known Ms. Pusateri? 8 Q Could you point out for the ladies and 9 A. About a year. 9 gentlemen where that person is? 10 Q And do you know Jay Wilds? 10 A. Sitting at the table with the shirt and tie 11 A. Uh-huh. 11 MS. MURPHY Indicating for the record, Your 12 Q How do you know Mr. Wilds? 12 Honor, she's identified the defendant 13 A Through Jen. 13 THE COURT; The record will reflect that 14 Q. And how long have you known him? A I would say less than a year. 16 Q Now, you say you know him through Jen. Would 17 you say he's a friend of Jen? 18 A. Right, yeah. A friend of Jen s. 19 Q. Okay. Do you know the victim in this case, Ms. 20 Hae Min Lee? 21 A. Uh-uh. No. Q Okay. Ms. Vinson, I'm going to ask you to 23 remember back to January 13th, Does that night 24 stand out in your mind? 25 A. Yeah. BY MS MURPHY; 15 Q And you did not know him at that point' 16 A. No. 17 Q. Were you introduced at any point that evening'. 18 A No. 19 Q. What happened next? 20 A Jay -- 1 was just, you know, making kind of 21 like, little small conversation, like, "Where"-"what" -- you know, "What are you guys doing," or "What have you 23 guys been doing?" And the way I remember the reason 1 24 remember it is because it was just - Jay was just 25 telling me all these different things that just didn t Page 128 Page 130 I Q. Why is that? 1 make any sense, like they were going to the video store, 2 A. Just an odd night 2 or they were coming from the video store, something 3 Q. Why don t you tell the ladies and gentlemen 3 They were being picked up by somebody And 4 what happened, beginning from ihe point where you got 4 when I tried to clarify, he just got more conf using, so I 5 home from work that day? 5 just let it rest. I was like, okay, well whatever 6 A. Okay I had been in a conference all day, 6 Q. What was the defendant doing? 7 through my internship in the City, and 1 came home, and 7 A. Just like, slumped over 8 my then boyfriend was already there, and Jay and his 8 Q. Was it unusual that Jay would come to your 9 friend or someone else came in, knocked on the door and 9 house? 10 asked if they could come in and hang out for a while, and 10 A I wouldn't say unusual. I had known him for a 1 1 I said, yeah, they could come in, Q. About w'hat time do you think you got home? A. 1 would say around 5:30, six o'clock. Between 14 5:30 and 6:00, somewhere around there Q Okay What happened next? 16 A They came in. And Jeff was already sitting down watching TV, and 1 sat down in ihe chair, kind of 18 l acing the TV. Jay came in and sat on my rtghi-hand 19 side. There's a table and some chairs there. He sat 20 there And his friend, like, laid - sat on the floor 21 There was a bunch of pillows on the lloor next to my couch He kind of laid, like, half-sat, half, like 23 slumped over. 24 Q. Did you know that person? 25 A. No. And they didn't introduce me, 1 1 little bit, through Jen He usually came with Jen, hut, 12 you know, there- 1 think there had been a couple of 13 occasions where he came just to- by himself Q. Did there come a time when the defendant said 15 anything to you? A. Uh-huh. Well, not directly to me, kind of like 17 to everybody in the room. We were just watching TV, It 18 was really uncomfortable Like, nobody was talking, and 19 all of a sudden, he just like, popped up and was like, 20 "How do you get nd of a high," or "How do I get rid of a 21 high," something along those lines And I was like, "I don't know. I think you 23 just have to wait." 24 Q. What did you understand that to mean when he 25 said that? Page Page 130

3 1 A Like I'm not sure. 2 Q What did that mean to you, "How can you get rid 3 of a high"? What did that mean to you? 4 A I assume that he was high. 5 Q. Did he respond after you said what you told 6 him? Condenselt! Page 131 Page he was or what was going on. And she said, "Oh, well, 2 I'm supposed to meet up with Jay later, so, you know, 3 I'll find out and I'll tell you later." 4 Q Did she seem to know what was going on? 5 A. Uh-uh. She didn t -- when I described who was 6 at the apartment with Jay, she had no idea who, like, who 7 8 I was describing. Q. What happened at that point? 9 A Then I think I went back in the room, and 1 10 can't remember whether Jeff got on the phone with Jen, or 11 we hung up and maybe she called back later, I m not sure 12 But we were I remember sitting in the chair, and we 13 were just of, you know, again watching rv because nohody 7 A 1 think he said something along ihe lines about 8 something important to do, "I have to go somewhere." I 9 can t really remember exactly what he said, but the gist 10 of it was he had somewhere to be and he couldn't he high, 11 he couldn't be messed up. He had to be straight. 12 Q. Now, a moment ago, you stated he was talking to 13 everyone in the room. 14 A Right. -ÿ 14 was talking, and he just got up and just like 15 Q. Who else was there? 15 Q Ms. Vinson, I'm going to ask you to wait a 16 A Jay and my-ex -- my boyfriend Jeff 16 moment for the siren to pass 17 Q. What time frame would you say this was? 17 A Okay. 18 A They stayed between like, 6:00, (Pause.) 19 Q And why do you remember that' 19 BY MS MURPHY: 20 A. Judge Judy was on. I like watching that show, 20 Q. Thank you. 21 so - it s on between 6:00 and 6:30 21 A. Okay. The defendant just like, like jumped up Q. And that s the normal tune that show would be and ran out of the apartment. 23 on? 23 Q. Did he say anything at that point? 24 A. Uh-huh. 24 A. No. He just jumped up and ran out. 1 remember 25 Q. Okay What else happened- 25 looking at Jay, and being like, "What is wrong with him Page A. He got a phone call from his cell phone, and 2 nobody in the room was talking It was just the TV was 3 just on, so you could hear what he was saying. He was 4 saying, like, "What am 1 going to do? They're going to 5 come talk to me. What do I" -- 1 mean, I can't remember 6 exactly. This is just like, the gist of what he was 7 saying. "What am 1 going to tell them' What should 1 8 say?" Somewhere around that -- those lines 9 Q. Now, when you say he got a phone call, who are 10 you referring to? 1 1 A The defendant. Tin not sure how to say his 12 name. 13 Q. Did you see the cell phone? 14 A Uh-huh. 1 5 Q. Where was it? 16 A. His jacket pocket. I think on the inside. 17 Q. Did you hear anything else in that 18 conversation? 19 A. Uh-uh. 20 Q. What happened next? 21 A. I think that my friend Jen called the house, and I got up and 1 answered it in the back, back room 23 And I was really try to see, like, what was going on. 24 They were acting really strange. 25 And 1 was talking to Jen to see if she knew who Page 1 3t 1 Like, is he okay?" 2 Q. And what did Jay do? 3 A. Jay just kind of sat there and didn't say 4 anything, and then maybe a minute later, Jay was like, 5 "Hang on a second," and Jay got up and followed him 6 outside, or out of my apartment. 7 Q Did they ever come back? 8 A. At that time, no. This is why I think Jeff was 9 on the phone with Jen when I was in the other room, 10 because I remember saying, you know. "They just left," i l and then I remember walking over to the window and 12 looking out. I saw a car parked out there with their 13 lights on. 14 And the way my apartment is set up, is when you 15 look down, you can see the whole area. You cun see the 16 porch and the walkway. 17 I didn't see them standing anywhere out there, 18 so I assume that they were in the car, and Jeff was on 19 the phone with Jen. And then the car just like started, 20 like, pulling off, like, driving. 21 I said, "Oh, my gosh, they're leaving," and I remember Jeff repeating that to Jen, "Oh, they're 23 leaving." 24 But I knew that Jay had to come back, because 25 his hat and cigarettes were there, at my apartment, and - Page Page 134

4 Condcnselt! 3 Page 135 Page 137 I - but Jay and Adnan never came back. 1 THE COURT Consistent in time, Ms. Murphy? 2 Q. Did you get a look at the car? 2 MS. MURPHY: That's what I m asking, Your 3 A It was really dark outside, so I don't remember 3 Honor. 4 what it looks like. I remember it being big, but that's 4 THE COURT Okay. Overruled. 5 all I really remember. 5 THE WITNESS Any three of those would have 6 Q. Did there come a point later in the evening 6 been consistent with the one that I was present when lie 7 when you saw Jay again? 7 got. 8 A Right Him and Jen came back a little while 8 BY MS MURPHY 9 later. I'm thinking like, around maybe 9:30, ten 10 o'clock, somewhere between there, they came back And 9 10 Q. Thank you. MS. MURPHY: If I may mark the exhibit, Your 11 then they were acting really funny, really strange 1 1 Honor? 12 And I asked, you know, "What is going on. And 12 THE COURT: Yes 13 Jen was like -- they were both like, "Well, you know, 13 (Pause.) 14 we're not going to talk about it," or "We can't talk 14 MS MURPHY Thank you, Your Honor 15 about it, or something." 15 BY MS. MURPHY 16 So I just kind of like dropped it I was like, 17 okay, 18 Q. Okay 19 MS MURPHY May I approach the witness, Your 20 Honor? 21 THE COURT Yes. 23 BY MS. MURPHY Q, Ms. Vinson, I'm going to show you what's been 24 premarked as State's Exhibit 34. This is a compilation 25 of the defendant s cell phone records I ask you to take 16 Q Ms. Vinson, I'll ask you to step down from the 17 witness stand and approach this exhibit, which ts a map, 18 and indicate for the ladies and gentlemen, as I get out 19 of the way, where is your apartment located on this map 20 A. Right there. 21 Q. Okay. I'm going to place a sticker with your initials, KB, on the area you pointed at; would that he 23 correct? 24 A Uh-huh. 25 Q Thank you. You may return to the witness Page 136 Page 138 l a look at the phone numbers in the second column and see 1 stand. 2 if you recognize any of those numbers? 2 MS. MURPHY: I have no other questions. Your 3 A. The 4:I 3 Honor. 4 Q And which call number are you referring to? 4 THE COURT Cross? 5 A. I guess. 5 CROSS-EXAMINATION 6 Q. Okay. And whose number is that' 6 7 A That's Jen's. That's Jen s number, That shows 7 Q. Ms. Vinson, you didn't know this man that 8 up a couple times on here. 8 you've identified prior to -- prior to that day; correct 9 Q. Where else do you sec that number? 9 A. Correct. 10 A., 26, 30 and Q. You had never met him; correct? Q. Okay 1 1 A. No. 12 A But I don't know any of the other numbers on 12 Q. He had never been pointed out to you; correct'. 13 here. 13 A Correct. 14 Q. Okay. Now, I'll ask you to look at Calls 14, 14 Q. He had never been in your home and 16, stated to be incoming calls. 15 A. Correct. 16 A. Uh-huh. 16 Q He was not somebody known to you either by 17 Q. I'll ask you to look at the fourth column which 17 sight or by name? 18 indicates the time. 18 A Correct. 19 A. Right. 19 Q. Is that correct? 20 Q With Call 16 being 6:07 p.m.. Call 14 being 20 A Uh-huh. 21 6:24 pm. Now, would any of those incoming calls be 21 Q. And the other -- consistent with the call you described the defendant 23 receiving at your house? 23 THE COURT: Speak as loud as you can, ma am. MS. GUTIERREZ: I'm sorry. 24 A Uh-huh MS. GUTIERREZ: Objection 25 Q. The other man, the man named Jay, had been in Page Page 138

5 1 your house on numerous occasions? 2 A. That's correct. 3 Q. Both with your sorority sister, Ms. Pusateri; 4 correct? 5 A. Correct. 6 Q And sometimes by himself? 7 A. Correct. 8 Q. Is that correct? And you met him through your 9 friend; is that correct? 10 A. Correct 1 1 Q Okay And you said that you knew Jennifer, 12 your sorority sister, for about a year; is that correct? 13 A. That's correct, 14 Q. This is December, 1999; is that correct? 15 A. Right. 16 Q So you knew her through about December of 1998; 17 is that correct? 18 A 1 probably knew her a couple months before 19 that, but we didn't start really becoming friends until 20 around then; that's correct. 21 Q. Okay. So around December of 1998 is when you would date the beginning of your real friendship with 23 Jennifer Pusateri? 24 A. That's correct. 25 Q. Okay And Jay, you said, you knew for less Page 140 l than a year; correct? 2 A. That's correct. 3 Q. So less than December of 1998; is that correct? 4 A No. 1 probably let me say that again. 5 Q The numbers don't add up, do they? 6 A. Right. 7 Q. So you had to have known him for more than that 8 time for your story to make sense; correct? 9 A I think when I said that, I was saying I knew 10 Jen in the fall when she rushed for the sorority, and I li knew Jay around December. So a little -- maybe a little 12 bit before December. 13 Q. So what you first just said under direct was H not correct? 15 A. It was not exactly accurate, 16 Q. Okay. So it wasn't accurate; correct? 17 A. Correct Q Meaning it was inaccurate; correct? MS. MURPHY: Objection. THE COURT: Sustained. 21 BY MS. GUTIERREZ Q. Ms. Vinson, you didn't know Jay from any other 23 source other than your friend Jen; correct? 24 A. Correct. 25 Q. Nobody else had introduced you to him; correct? Condenselt! v Page 139 Page A. Correct. 2 Q. But shortly after you met him through her, he 3 became friend enough that it was okay that he would 4 sometimes come over your house; correct? 5 A. Correct. 6 Q. And during that whole period of time, Jeff 7 Johnson was your boyfriend; correct? 8 A. Correct. 9 Q. Okay And during the period of time that you 10 know Jay, whether that dated from less than December of , or some other time, how often did he come over to 12 your house alone? 13 A. I would say not frequently. 14 Q Okay How often? How many times 15 A. 1 can't say exactly, 16 Q. How often did Jen come over to your house? 17 A. All the time. 18 Q. Okay And how often did Jen show up at your 19 house with her friend Jay Wilds? 20 A. I would say a few. 21 Q. A few? A. A couple. 23 Q Is that less than ten or more than ten? 24 A I would say between five and ten times 25 Q Now, that night, you said the one reason that Page U_ 1 you could date the lime was because you liked watching 2 Judge Judy; is that correct? 3 A Uh-huh, yes. 4 Q. And what time does Judge Judy come on, or did 5 it come on then? 6 A Six o'clock. 7 Q Six o'clock. In fact, it ran from 6:00 to 8 6:30? 9 A Correct. 10 Q Is that correct? And what channel is that on9 11 A I think Q. Okay. And during that period of time, because 13 you liked it, you generally watched it; correct? 14 A. If I was home 15 Q If you were home. And that day, you were home, 16 correct? 17 A. Yes. 18 Q. And one of the ways that you dated the lime 19 that you saw that person you knew through your sorority 20 friend and a person that he brought with him that you 21 didn't know, was you dated by the time period that Judge Judy came on television; is that correct? 23 A. That's correct. 24 Q. The first time, Ms. Vinson, that you were asked 25 to recollect that date, the date being the 13th of Page Page 142

6 Page 143 i January, 1999, was on the 9th of March, was it not? 2 A Okay. That sounds right. 3 Q. Okay. And on the 9th of March, you were right a down the street from here at Police Headquarters 5 building, were you not? 6 A. That s correct. 7 Q. And you had been asked to be there. In fact, 8 were you brought there by Detective MacGilhvary? 9 A. I met him there. 10 Q. You met him there. At his request; right? 1 1 A. That's correct. 12 Q. You weren't just dropping in as a friend; 13 correct? 14 A. That's correct. 15 Q You were asked you be there officially; were 16 you not? 17 A That's correct. 18 Q And you knew what it was about on the 9th of 19 March; did you not? 20 A Yes. 21 Q. And you were asked about the same subject matter you just shared with us as a result of being 23 questioned by the State's attorney, w'crc you not? 24 A. That's correct. 25 Q- Now today, you said that you got home between and six o'clock; do you remember that? 2 A Yes. 3 Q Isn't that what you just said? 4 A. Yes. 5 Q Now, back then, did you work at the group home? 6 A No, 1 did not 7 Q. You worked somewhere else, did you not1 8 A. That's correct. 9 Q. Okay And today, you told us your recollection 10 was that you got home between 5:30 and 6 00 p.m.; is that correct? A. That s correct. 13 Q Okay And do you remember telling Detective 1 4 MacGillivary that you got home from work that day? This 1 5 is during your conversation with him concerning the same 16 subject matter, that took place on the 9th of March, at East Fayette Street, Police Headquarters, that you 18 got home between 4:30 and five o'clock? I9 MS MURPHY Your Honor, I'm going to object to 20 the form of the question It's THE COURT: Overruled. MS. MURPHY: -- very confusing. BY MS. GUTIERREZ Q. Do you remember that, ma am? A. That could be, yes. Condcnselt! ' Page Q. Okay So by saying it could be, meaning do you 2 recall telling Detective MacGillivary that? 3 A. Yes. 4 Q. Okay. And so back then, on the 9th of March, 5 when you were asked what time you got home on the 1 3th of 6 January, then you told him that you got home between 4:30 7 and five o'clock? 8 A. Yes. 9 Q Okay. So you told Detective MacGillivary 10 something very different than you just told the ladies 11 and gentlemen of the jury; is that correct? 12 A Well, it has been a year since that date. 13 Q. So, would you agree with me, Ms Vinson, when 14 you first talked to Detective MacGillivary on the 9th of 15 March, that you were attempting to be as thorough as 16 possible, and accurate as possible, in the information 1 7 you were giving him? 1 8 A That's correct. 19 Q. And would you agree with me that your 20 recollection of events that you were asked about, which 21 are alleged to have occurred on the 13th of January, were fresher in your mind back on the 9th of February than 23 they are today? 24 A That's correct. 25 Q Okay So if you got home between 4:30 and Page 144 Page 146 I 5:00, do you remember telling Detective MacGillivary how 2 long the two gentleman, the one you knew and the one who 3 was never introduced to you, stayed in your house that 4 day? 5 A. 1 think between 30 and - I might have said 45 6 minutes. 7 Q. So somewhere less than 45 minutes; is that 8 correct? 9 A. That's correct. 10 Q. And do you remember telling Detective 1 1 MacGillivary that the visitors arrived sometime between 12 5:15 and six o'clock? 13 A. I don't remember saying that. 14 Q. Okay. Well, if Detective MacGillivary 15 transcribed it as 5:15 and six o'clock, would you have 16 any reason to disbelieve him? 17 A. No. 18 Q. You were attempting to tell Detective 19 MacGillivary the truth; were you not? 20 A That's correct. 21 Q. And you believed that Detective MacGillivary knew that he was taking notes and taping your statement; 23 did you not? 24 A. That's correct. 25 Q. Yes. And so you would have no reason to Page Page 146

7 Condenselt! '' Page 147 Page 149 I distrust his taping and how he taped what you told him? 1 introduce his friend that he was bringing into your house 2 A. That's correct. 3 Q. So if you told him between 5:15 and six 4 o'clock, that's likely to be more accurate than what you 5 told us today, isn't.it? 6 A. I'm not sure. 7 Q. There was nothing you're not sure that your 8 recollection of events back on the 9th of March was more 9 likely to be accurate than your recollection of events 10 today, 11 months later? tl A I remember it being six o'clock. That's alii 12 can say. Tin not sure why I would have told him 5:15. I 13 could have been mixed up. Right now, 1 do remember it 14 being six o'clock 15 Q. Okay. But back then, on again answering it, 16 Detective MacGtllivary, MacGillivary taped between 5:15 17 and 6: MS MURPHY: Objection. 19 BY MS GUTIERREZ: 20 Q. p m., would you have any reason to distrust 21 his recording of what you said? MS. MURPHY Objection. 23 THE COURT: Overruled Q You can answer? 2 to you; would you not? 3 A. Yes. 4 Q. But he did not? 5 A No. 6 Q Correct9 And nobody ever introduced him to 7 you, did they? 8 A. No. 9 Q At some point later, you found out his name, 10 did you not9 II A That s correct 12 Q You didn't remember when and where and from 13 whom you found out his name, do you9 14 A. Yes, 1 do 15 Q Well, back on February -- on March the 9lh, 16 when you spoke to MacGillivary, Detective MacGillivary, 17 you didn't know how you knew his name, did you? 18 A That's possible 19 Q Okay. And if that's how Detective MacGilliv ary 20 recorded your conversation, again, you'd hav e no reason 21 to distrust his recordation of your conversation with him? 23 A. That's correct. 24 Q. And you weren t trying to conceal information 25 from Detective MacGillivary, were you9 Page 148 Page!5o l A No, 1 would not any reason to distrust him. l A. No. 2 Q No. And you were aware that he was recording 2 Q. You were just there to answer his questions; 3 it then; is that correct? i A Yes, that's correct. 5 Q The 13th of January-, ma'am, didn't mean 6 anything special to you yourself related to you, did it? 7 8 A. Other than I had a conference, no. Q. No. Other than you had a conference that you 9 said occurred earlier in the day? 10 A. That's correct. II Q. Is that correct? And this person that your 12 friend who you met through your friend, was not that 13 arrived with him, with Jay, was someone who was never 14 introduced to you, isn't that correct? 3 correct? 4 A. Correct. 5 Q. About your friend Jay; correct? 6 A. Correct. 7 Q. And tiie man that you never met before, and 8 whose name then, the day that you met him, you didn't 9 know; correct? 10 A. Correct. 1 1 Q. And nobody gave you his name back then, 12 correct? 13 A. Not that day, no. 14 Q Not on that day. Sometime later than that; 15 A. Correct, uh-huh. 15 correct? 16 Q. And you found that odd, did it not - did you 16 THE COURT I'm sorry. Was there an answer, 17 not? 17 ma'am? 18 A. 1 found it odd that I was not introduced at the 18 THE WITNESS Oh, I'm sorry. Yes, that s 19 time. 19 correct. 21) Q. It was your house; correct? A. That's correct. Q And your friend was coming to visit you; was he 23 not? 24 A That's correct. 25 Q And you would have expected your friend to 2 1 Q. Thank you. The person, were you ever shown a picture of Mr. Syed? 23 A No, I was not. 24 Q You were asked to describe him, were you not9 25 A. Yes. Page Page 150

8 1 Q. And you described him as like, Indian, mixed 2 maybe? 3 A. Right. I wasn't sure. 4 Q. Did you not? You weren't sure what he was? 5 A. Correct. 6 Q. Correct? Meaning what his racial make-up was; 7 correct? 8 A. That's correct. 9 Q. And by mixed, was it Indian mixed with 10 something else? 1 1 A. I'm not sure. 12 Q. You didn't know what the mixed referred to; 13 right? 14 A. That's correct. 15 Q That the mixture was of; correct? 16 MS. MURPHY: Objection. 17 THE COURT: Sustained Q, Now, you told us that they stayed, what's the 20 outmost, 35 to 45 minutes? That was the longest they 21 stayed; correct? A. Correct. 23 Q. Your friend Jay; correct? 24 A. Yes. 25 Q. And his friend, whatever his name turned out to i be; correct? 2 A. Correct. 3 Q. And during that time, no one else came in; did 4 they? 5 A. That's correct. 6 Q. Okay. And no one who was there, excluding Jay, 7 introduced the person with him to you; is that correct? 8 A. I'm sorry. Can you- can you clarify it for 9 me? 10 Q. You've told us that Jay never introduced his- 11 A. That s correct. 12 Q. friend to you; correct? Your boyfriend was 13 there with you; was he not? H A. That's correct. 15 Q. Jeff; is that correct? 16 A Correct. 17 Q. And Jeff knew Jay from before; correct? 18 A. Right. 19 Q. Jeff knew Jay to be your friend who had 20 previously been at your house, correct? 21 A. Correct. Q. Because your boyfriend was often at your house; 23 correct? 24 A Sometimes, yes. 25 Q Okay. And your boyfriend Jeff knew Jen; Condenselt! Page 151 Page 153 l correct? 2 A. Correct. 3 Q, And Jay was really Jen's friend; was he not? 4 A. Correct. 5 Q. Correct. And Jeff never introduced you to the 6 person that Jay brought with him, did he? 7 A. That's correct. 8 Q And never indicated to you that he knew that 9 person that Jay brought with him; is that correct? 10 A. That's correct. 11 Q. And you never spoke directly to this person, 12 did you? 13 A. Well, when I said-when he asked, "How do I 14 had get rid of a high, " and I said, "I don't know. I 15 guess I think you just need to wait, " 1 spoke directly 16 to him. 17 Q. You were answering his question about how you 18 get rid of a high; correct? 19 A. Correct. 20 Q. And you knew what he meant; did you not? 21 A. Correct. Q. Or you understood him to mean; correct. 23 A Right. 24 Q. Meaning to be high under the influence of some 25 type of substance? Page 152 Page 154 l A. Correct. 2 Q Drugs? 3 A Correct. 4 Q. Is that what you assumed? 5 A Uh-huh. 6 Q Not alcohol? 7 A. No. 8 Q He didn't appear to be under the influence of 9 alcohol; correct? 10 A. I can't answer that. 11 Q Well, you didn't make that assumption; right? 12 A. No. 13 Q You assumed by the use of the term "high", that 1 4 he was referring to some chemical substance; were you 15 not? 16 A. Correct. 17 Q. Okay. And did you understand that chemical to 18 be a specific one? 19 A. Marijuana. 20 Q. Marijuana. And was that by reason of hts 21 behavior? A. No. 23 Q. Was that by reason of smell? 24 A. No. 25 Q. Was that by reason of him saying, "Oh, by the Page Page 154

9 I way, I'm high on marijuana"? 2 A. No. 3 Q No. And was it by reason of your own 4 experience with marijuana? 5 A. Correct. 6 Q Okay And so, you said you made the assumption 7 that he meant high from marijuana by reason of your own 8 experience of having been high -- BY.MS. GUTIERREZ: 14 Q That's correct. And what was it about what he 15 said that triggered that assumption, based on your 16 experience? 17 A. Thai's a common word Q High? 19 A -- that's associated with marijuana 20 Q. High? Meaning with marijuana? Dut that was 21 your assumption when you answered him; correct9 A. Correct. 23 Q. Prior to him saying that, he had not spoken to 24 you, correct? 25 A. That s correct. Condcnsclt! M 9 MS. MURPHY Objection MS. GUTIERREZ: - off of marijuana? li THE COURT: Overruled. 11 house? 12 THE WITNESS: That's correct. 13 Page 155 Page A. Yeah, but his face was down. It wasn't like he 2 was just 3 Q. That wasn't my question. Were the pillows that 4 you described an appropriate place for someone who visits 5 your house to position themselves? 6 A. It could have been, yes. 7 Q. Did you tell him to leave at any time? 8 A. No. Q. And did you ever demand any explanation from 10 your friend Jay as to who it was he was bringing in your 12 A. No. 13 Q. On tiie other occasions when Jay would come, he 14 had brought others, had he not? 15 THE COURT: Please speak up Your microphone's 16 not getting you 17 MS. GUTIERREZ Thank you, Your Honor Q. On other occasions when they had visited you, 20 he had also come with others, had he not MS. MURPHY Objection. THE COURT: Sustained. 24 Q. Was there anything about Jay's behavior that 25 led you to make a similar assumption about being high on Page 156 Page 15>, 1 Q. And though he was a visitor, having been 1 marijuana? 2 brought there by someone who already had your permission 2 A. No. 3 to come visit, he had not directed any conversation 3 Q. Jay was, however, someone with whom you had 4 towards you in the 35 to 45 minutes that he was there, 4 gotten high? 5 correct? 5 MS. MURPHY; Objection. 6 A That's correct. 6 7 Q And you hadn't asked him to identify himself, 8 had you? 8 9 A No 9 10 Q You hadn t directed any conversation at him, had you? 12 A. Nope. 13 Q. And you hadn't observed anything that he had 14 done that gave you any information about him, had you? 15 A. No. 16 Q. No. He came in with a person you knew to be 17 your friend and sat down in a place where there were 18 pillows against which to sit; correct? 19 A. lie didn't sit, he slumped 20 Q. He slumped? His body was positioned, however, 21 against pillows that were -- (Pause.) 24 Q. -- that were at a appropriate place for one to 25 sit, were they not? 1 23 BY MS GUTIERREZ: 7 Q. Had you not? THE COURT; Overruled. THE WITNESS: Occasionally, yes. 11 Q. Occasionally. And some of those occasional 12 times had been at your apartment; is that correct? 13 A. That's correct. 14 Q. Okay. But none of those occasions had included 15 the young man whose name you never got that night; 16 correct? 17 A. That s correct. 18 Q Okay. After this young man, whose name you 19 didn't know, left out of your house -- now, you live, 20 it's an apartment in a building; is it not? 21 A. That s correct. Q And you're Apartment C, I believe? 23 A That's correct. 24 Q How many apartments are there in the building, 25 Ms. Vinson? Page Page 158

10 l A. Four. 2 Q. Four. And are there other buildings nearby? 3 A. Yes. 4 Q. Is it an apartment complex? 5 A. Yes. 6 Q. In order to get to the front door of your 7 actual Apartment C, do you have to come inside of the 8 building, or is it like an open stairwell? 9 A. No, you go inside the building. to Q. Okay. So you have to actually enter into the 1 1 building to get to your front door; correct? 12 A. That's correct. 1 3 Q. But there are places from your apartment where 14 you can look through the windows and actually sec the 15 outside of the apartment building; correct? 16 A. That's correct. 17 Q Not just the stairwell that leads to your door; 18 correct? 19 A Correct. 20 Q And that's where you're talking about looking 21 out, is through one of your own interior windows; is that correct? 23 A. That's correct. 24 Q. Now, if somebody leaves the front door by which 25 they enter, there is only one entrance to your apartment; Condensclt! Page 159 Page 161 l correct? 2 A. That's correct. 3 Q. But once inside your apartment, one could 4 approach sets of windows on one side of your apartment 5 and view right outside; is that correct? 6 A. That's correct. 7 Q. Now, when Jay came up, you didn't know how he 8 had gotten to your apartment; correct? 9 A. What do you mean? 10 Q. You didn't know how he had arrived there? 11 A. No. 12 Q. He had come by bus? 13 A No. 14 Q. Okay. If he had been dropped by somebody else? 15 A. No. 16 Q If he had driven himself? 17 A. No. 18 Q. You knew him not to own a car, however, did you 19 not? 20 A. Right. 21 Q. But you knew him to have access to others' cars, did you not? 23 A. No. 24 Q. And -- but you, from seeing him, couldn't 25 determine how he'd gotten there; correct? Page 160 Page 162 l isn t it? 1 A. Correct. 2 A. There's a back door in the basement, but it's 2 Q. Okay. And so, and nothing else when lie got 3 inside your apartment, he didn't say, "Oh, by the way," what does he call you, what does he call you, Ms. 5 Vinson? 3 locked. 4 Q. It's locked? And no one came in or out of that 5 door that night, did they? 6 A. No. 7 Q Jay knocked on the door, didn't he? 8 A. I think he rang the bell, but yes. 9 Q. He rang the bell, and you went to the door; did 10 you not? II A Correct. 12 Q. You looked through the peep hole, you saw 13 somebody you knew, and you let him in, didn't you? 14 A. Correct. 15 Q. Okay? And when he entered there, is he on a 16 common stairwell? 17 A. Shared by all four apartments? Is that what 18 you're asking? 19 Q. Well, shared by any other apartment? 20 A Yes. 21 Q Yes, And does that stairwell -- is that actually in the interior of the building? 23 A. Yes, it is. 24 Q. So when one enters into that interior 25 stairwell, one no longer has a direct view outside; 6 A. Christie. 7 Q Christie? "Christie, I came by my car, and 8 it's parked right out front," did he? 9 A. No, he did not. 10 Q And he never said, "Oh, my friend brought me, 11 and his car is parked right out front," did he? 12 A 1 don't think so, no. 13 Q. He or no one else ever drew your attention to 14 the fact that there might be a car that drove them, 15 however, to your place; correct? 16 A. That's correct. 17 Q, And it really wasn't in your interest to probe 18 as to how they got there, was it? 19 A. No. 20 Q. You didn't care, did you? 21 A. Nope. Q. You weren't going to use their car, were you? 23 A. No. 24 Q It wasn't planned that Jay would come visit; 25 right? Page Page 162

11 Condenselt! t A. No. 2 Q. You weren't expecting him; right? 3 A. Correct. 4 Q. And you had no specific interest in determining 5 how he got there, or how he would leave; correct? 6 A. That's correct. 7 Q, But after the person whose name you didn't know 8 then, left out of your apartment, you went to the window 9 to see what you could see? 10 A. Correct. 1 1 Q. Correct? And you didn't see either him, or 12 subsequently Jay, outside on the sidewalk, did you? 13 A. That's correct. 14 Q. Or in the parking lot; correct? 15 A. That's correct. 16 Q. Okay. If they had been outside on their own, 17 meaning not in a car, not someplace else, you could have 18 seen them, could you have not? 19 A. That s correct. 20 Q. But you could not see anything, could you have? 21 A That's correct. Q. And you would agree with me that on January 23 13th, whether they were there from 5:15 to six o'clock, 24 as you remembered and told Detective MacGillivary, on 25 March 9th, or whether they were later there, during the Page time Judge Judy was on, as you now tell us, that whatever 2 time that was, that it was dark at that time; was it not? 3 A. That's correct.. 4 Q. Back on January 13th. But there was sufficient 5 lighting that if you looked out of your windows, if they 6 were standing there, you could have seen them; correct? 7 A. That's correct. 8 Q And what you saw was what appeared to you to be 9 someone inside a car, correct? 10 A. Two people inside of a car 1 1 Q. Two people inside. Inside, in the front seat; 12 correct? 13 A. That's correct. 14 Q. You had not ever seen that car before; had you? 15 A. No, I had not. 16 Q. You didn t recognize it. did you? 17 A. No. 18 Q. Didn't have any sign identifying it as a car 19 belonging to Jay, did it? 20 A. No, it did not. 21 Q. Or to this person by any name, whom you had never met; correct? 23 A. That's correct. 24 Q. You didn't know when it had gotten there; 25 correct? Page 163 Page 165 i A. That s correct. 2 Q. And you really couldn't determine who was 3 inside the car, could you? 4 A. That's correct. 5 Q. But you made the assumption that must be them; 6 correct? 7 A. That's correct. 8 Q Okay. Now, while they were there, the only 9 person that called was Jen? 10 A. That's correct. 11 Q. Okay. And Jen, your friend, your sorority 12 sister, was also known by your boyfriend Jeff Johnson; 13 correct? 14 A. Correct. 15 Q. And at some point, he was talking to Jen, was 16 he not? 17 A. Correct. 18 Q. Although she called to speak to you; correct? 19 A. Correct. 20 Q. And you expressed to her, you thought that 21 there was something strange going on, didn't you? A. That's correct. 23 Q. In fact, strange was the word that you used; 24 correct? 25 A. Uh-huh. Page h 1 Q. And when you spoke to Jen, did you tell her 2 that you hadn't even bothered to ask the young man s 3 name? 4 A. Yes, I had. 5 Q. And did you tell her you did that because you 6 were afraid to do so? 7 A. Not that I remember. 8 Q. And did you express any particular fear7 9 A. Fear is not the right word, no. 10 Q. Jen is also someone with whom you had 1 1 experienced being high on marijuana, is she not? 12 A. That' s correct. 13 Q. Together with your mutual friend, Jay; isn't 14 that correct? 15 A. Yes. That's correct. 16 Q In fact, relatively often, one of you must 17 supply the marijuana so that you can all get high, must 18 you not? 19 A I would not say often MS. MURPHY: Objection. THE COURT: Overruled. 23 Q. You have ever supplied the marijuana for your 24 friends to get high with? 25 A Yes. Page Page 166

12 l Page 167 Q. Yes. And has your boyfriend ever supplied the 2 marijuana for your and your friends to get high with, 3 your then boyfriend? 4 A. I can t say for certain. 5 Q. Okay. But you A. I'm not sure. Q. -- think so? 8 A. Possibly. 9 Q. And Jen, your sorority sister, has she supplied 10 the marijuana for you and your friends, including Jay, to 11 get high with? 12 A. Sometimes. 13 Q. And has Jay, your friend that you met through 14 your sorority sister, supplied the marijuana with which 15 you and your friends got high with? 16 A Sometimes. 17 Q Sometimes. And oftentimes, or at least 18 sometimes, that getting high would occur in your house? 19 A Uh-huh, yes. 20 Q. Now, you say when Jen called, you answered in 21 back; do you recall that? A. I answered -- I'm sorry, what? 23 Q. I thought that you said you answered in back? 24 A. Right, in my bedroom. 25 Q That meant the back of your apartment; correct? Condenselt! IM Page your mutual friend with him, Jen Pusaten, was on the 2 phone, did you? 3 A. I can't be sure. 4 Q Okay And prior to Jen calling, you didn't ask 5 Jay back to the back of your apartment, so that you might 6 express to him your concern that he had not introduced 7 his friend? 8 A. No. 9 Q Didn't you? And in fact, you never conveyed 10 that to Jay, did you? 11 A. Not at that tune, no. 12 Q. And, in fact, you did not invite your boyfriend 13 to the back, did you? 14 A. No. 15 Q. Prior to Jen calling; correct? 16 A. Correct. 17 Q. But there came a time when there came a time 18 when you gave the phone to your boyfriend, did you not? 19 A. Yes. 20 Q And at the time that you gave the phone to your 2 1 boyfriend, was that in the back? A. I believe so, yes. 23 Q. And you did not want to convey to your 24 boyfriend in front of Jay and this unknown man that it 25 was Jen on the phone, did you? Page 168 Page 1?0 t A. That s correct. 1 A. I can't answer that. 2 Q. Not the open area where your friends and your 2 Q. Well, you didn't, did you? You didn't go tell 3 boyfriend were sitting; correct? 3 Jay, oh,- 4 A. That's correct. 4 MS. MURPHY: Objection. 5 Q. A separate room? 5 BY MS GUTIERREZ: 6 A. Correct. 6 Q. -- it's our friend Jen on the phone, did you? 7 Q. With a separate door; correct? 7 MS. MURPHY: Objection. 8 A. Correct. 8 THE COURT Basis? 9 Q. So you answered your phone not in front of your 9 MS. MURPHY She did not allow the witness to 10 guests, but in a separate room, your bedroom? 10 answer the question. 11 A. 1 could have answered it and then walked in the THE COURT. Had you finished your answer? 12 back room. I'm not sure. 12 MS. GUTIERREZ: 1 hadn't asked the question. 13 Q. In any event, your recollection today is that 3 THE COURT: There was a previous question. Had 14 the bulk of that conversation took place while you were 14 you finished your answer to the previous question? 15 in what you described as being in back; correct? 15 THE WITNESS: No. 16 A That's correct. 16 THE COURT: Okay. 17 MS. GUTIERREZ: My question THE COURT: Do you wish to finish your answer 19 to the previous question? THE WITNESS: No. THE COURT: Okay. Overruled. 17 Q And that was away from your friend Jay; 18 correct? 19 A. Correct. 20 Q. And his friend or acquaintance, whose name you 21 didn't know; correct? A. Correct. 23 Q. And your boyfriend; correct? 24 A. Correct. 25 Q And you didn't indicate to your friend Jay that 23 Q My question, ma'am, was, did you ever tell your 24 boyfriend out loud in front of Jay, that it was your 25 joint friend Jen on the phone? Page Page 170

13 1 A. I don't remember. 2 Q. Did you ever tell Jay that it was Jen on the 3 phone? 4 A. I don't remember. 5 Q. And were you asked that question on March the 6 9th when Detective MacGillivary asked you the same field Condensclt! 7 of inquiry? 7 you? 8 A I don't remember 8 9 Q Okay. And if you did not tell him that, would 9 10 that be a surprise to you? II A. If I did not tell him? 12 Q. That you announced to Jay that it was your 13 mutual friend Jen on the phone? 14 A. I'm sorry. I'm really nervous, and I'm not 15 understanding your question 16 THE COURT: 1 don t think many of us got that 17 last question. Would you try again, Ms. Gutierrez? 18 MS. GUTIERREZ: Thank you, Judge Q. Ms Vinson, you did not announce to Jay at any 21 time when your friend Jen was on the phone something to the effect of, "Oh, Jay, it's Jen," did you? 23 A. I don't remember. 24 Q. You don't remember And do you think that's 25 something you would have told Detective MacGillivary if Page 17 1 Page but -- 2 Q. The only bodies that were there were you and 3 your boyfriend; correct? 4 A. That's correct. 5 Q. And you didn t inquire of anything about 6 anything of the person that Jay brought with him. did A. No, I did not. Q. And you didn t inquire of your friend Jay, Ihe 10 person you knew who had been to your home, a person with 11 whom you had gotten high, as to what was going on then 12 while he was in your house, did you? 13 A. No 14 Q. And your boyfriend didn't inquire as to the 15 person that Jay brought with him as to what was going on, 16 did he? 17 A. That's correct. 18 Q. And he didn't inquire of Jay, a person he 19 already knew9 20 A. Correct. 21 Q. What was it about them that made sou piek the word "shady"? 23 A. We were sitting there in silence for a half an 24 hour. 25 Q Well, that didn't bother you, did il, Ms Page 172 Page 1 l it had occurred back on the 9th of March? 1 Vinson? 2 3 THE COURT: Sustained. 2 3 A. Yes, it bothered me. Q Well, your favorite show was on; was il not? 4 Q. Ms. Vinson, do you recall speaking about the 4 A Yes, but it's very uncomfortable when I 5 very same subject matter to Detective MacGillivary? 5 mean, after they had sat down, after I had asked Jay. you 6 7 MS MURPHY: Objection. 6 know, "Where you guys coming from," or "Whai are you guys 7 doing," and he gives all these slew of answers, and then 8 Q And did you tell Detective MacGillivary that 9 you told Jay that Jen is on the phone while she called? 10 A I don t remember. 11 Q. You don't remember. Okay. One of the things 12 that you told Detective MacGillivary back on the 9th of 13 March to describe Jay and the man he brought with him, 14 was you used the word "shady" to describe them; is that 15 correct? 16 A That's correct. 17 Q. Is that a word, the meaning of which you 18 understood when you used it back then? 19 A. Yes, it is. 20 Q. And what did you mean when you said that word? 21 A. They were acting funny, hiding something. Q. Hiding something? 23 A. From me. 24 Q. From you? 25 A, I mean, not particularly me. 1 mean anybody, 8 we're all just completely silent 1 mean, that's -- it 9 wasn't like silence, like, "Oh, we re watching the show " 10 It was silence, "Oh, nobody s talking" silence 11 Q You were watching the show, weren't you 12 THE COURT: Yes, 1 think we've established 1 3 that. Can we BY MS GUTIERREZ: 15 Q. Ms. Vinson, THE COURT In an effort to finish this 17 millennium, Ms Gutierrez, can wc get back to the points 18 at issue in the case? 19 MS GUTIERREZ i d object to the Court s 20 remarks, Your Honor 21 THE COURT That objection is overruled 23 Q Ms. Vinson, you told us that then that you 24 didn't ask questions of Jay, did you not 25 A. When they first came in, yes. Page Page 174

14 Condcnsclt! Nl Page 175 Page Q. And Jay answered you, did he not? 1 Q. -- may have been; correct? Because back then, 2 THE COURT; Yes, that is asked and answered. 2 it was your habit to be high on a regular basis? 3 That is sustained, 3 A. No. I would not say that. 4 BY MS. GUTIERREZ 4 Q. But it would not have been unusual for you to 5 Q. You didn't understand his answers, though, did 5 have been high that evening? 6 you? 6 A Not unusual, but not common cither. 7 A. No, I didn't understand. 7 Q Okay And your being high would have been high 8 Q Did you tell Jay that you didn t understand a 8 from marijuana? 9 word he was saying? 9 A. Correct. 10 A No, I did not say, no. I didn't say it like, 1 1 "I have no idea what you're talking about." 1 continued 12 to ask questions to maybe clarify what he was saying, but 13 the point where it was just like, oh, forget it, 1 don't Q. Every time you asked him a question, however, 16 he answered, did he not? 17 A He said something, yes. IS Q He said something? 19 A He did not answer my questions, though 20 Q But what he said never became clear to you; 2 1 correct? A. Correct. 23 Q. Okay. And how long of that initial time did 24 you take up asking questions that in your mind he never 25 answered? 1 A. Not very long. 2 Q. Okay Five minutes? Ten minutes? 3 A No. Probably less than five minutes, to maybe 4 Five minutes. 5 Q. Two to five minutes? 6 A. Two to five minutes. 7 Q. Okay. So for two to five minutes, you asked 8 him questions, the answers of which you did not 9 understand, and thereafter, for whatever balance of time IQ he was there, 35 to 45 minutes, there was absolute 1 1 silence9 12 A. Him and Jeff may have lalkcd a little bit, but 13 I don't quite remember what the conversation was. Small 14 talk. It wasn't anything big, if I remember correctly. 15 Q And you wanted something big to be the subject 16 of the conversation? 17 A. No, I didn't. 18 Q Okay. And so, there was some normal 19 interaction going on; was there not? 20 A No. I would say there was no normal 21 interaction going on Q. Were you high then, Ms. Vinson? 23 A. I don t remember. 24 Q. Okay. And so A. It could possibly -- 1 could possibly Maybe. 10 Q Okay. And if you were high that evening, that 1 1 could have explained why the answers that Jay Wilds were 12 giving you weren't making any sense to you; would they 13 have not? A No, ma'am The reason they weren't making 15 sense is because he wasn't making sense He wasn't 16 saying things in a chronological order, he wasn't making 17 sense of where they were going, where they were coming 18 from, who they had been with 19 Q. Did you think he was high? 20 A. At that time, no, 1 did not think he was high 21 Q. No. And that was based on your knowledge of him during times when he was high; right? 23 A. 1 don't think I could say Jay was high or not 24 unless he told me. 25 Q. Okay Then did you ever ask him was he high? Page 176 Page A. No. 2 MS. MURPHY: Objection 3 THE COURT: Overruled. 4 5 Q Did your boyfriend ever ask him was he high'1 6 A Not that I know of, no. 7 Q Okay. Later that evening, after both your 8 friend and his friend, or the person you thought was, 9 left your apartment, Jay came back with your friend Jen? 10 A. Correct 11 Q Correct? And your boyfriend was still there9 12 A. Correct. 13 Q. And did they stay for a while9 14 A. Tney didn t stay very, very long 15 Q Is that under 35 to 40 minutes? 16 A. Yes. 17 Q Yes And during the time that they were there,!8 did you converse with them? 19 A. Yes. 20 Q Were there any silent times that nobody spoke? 21 A. Not that 1 remember. Q And during that second period of time, did you 23 confront Jay as to why he brought someone that he didn't 24 even bother to introduce to you, though he accompanied 25 him for 35 to 45 minutes, in the privacy of your home? Page Page 178

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1 MR. ROBERT LOPER: I have nothing. 3 THE COURT: Thank you. You're. 5 MS. BARNETT: May we approach? 7 (At the bench, off the record.

1 MR. ROBERT LOPER: I have nothing. 3 THE COURT: Thank you. You're. 5 MS. BARNETT: May we approach? 7 (At the bench, off the record. 167 April Palatino - March 7, 2010 Redirect Examination by Ms. Barnett 1 MR. ROBERT LOPER: I have nothing 2 further, Judge. 3 THE COURT: Thank you. You're 4 excused. 5 MS. BARNETT: May we approach? 6 THE

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THE COURT: May she be excused? MS. COREY: Yes, sir. MR. STROLLA: Yes, sir. (Witness excused.) THE COURT: Next witness, Mr. Strolla.

THE COURT: May she be excused? MS. COREY: Yes, sir. MR. STROLLA: Yes, sir. (Witness excused.) THE COURT: Next witness, Mr. Strolla. the following day? No. MS. COREY: Thank you. Nothing further, Your 0 Honor. THE COURT: May she be excused? MS. COREY: Yes, sir. MR. STROLL: Yes, sir. THE COURT: Thank you, ma'am. You're excused. (Witness

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